W.P(MD)No.3083 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.3083 of 2019 and WMP (MD) Nos.2285 & 2286 of 2019 The Joint Commissioner/ Executive Officer, HR & CE Endowments Incorporated and Unincorporated Temples, Kanyakumari District Temples Suchindram, Kanyakumari District. ... Petitioner(s) vs. The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District. ... Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records from the respondent municipality relating to the impugned proceeding passed by it in Na.Ka.No.14287 / 2018 / F1 dated 09/01/2019 and quash the same. For Petitioner : Mr. K.Sathya Singh For Respondent : Mr.D.Athimoolapandian 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.3083 of 2019 O R D E R Challenging the proceedings dated 09.01.2019 passed by the respondent, the present writ petition has been filed. 2. The learned counsel appearing for the petitioner would submit that the petitioner is the owner of the subject property. Without initiating acquisition proceedings in the manner known to law, the respondent Municipality has decided to lay a road through the petitioners' property by passing the present impugned proceedings, which is wholly impermissible. Challenging the said proceedings, the present writ petition has been filed. 3. The learned counsel appearing for the respondent Municipality would submit that, without prejudice to the rights and contentions of the parties, the respondent Municipality has no objection if the impugned proceedings are set aside, with liberty reserved to the Municipality to initiate appropriate land acquisition proceedings, in the manner known to law. 4. This Court has considered the rival submissions and perused the materials available on record. 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.3083 of 2019 5. Admittedly, the respondent Municipality has sought to lay a road through the petitioner's property without initiating acquisition proceedings in accordance with law. Such a course is impermissible. At the same time, the learned counsel appearing for the respondent Municipality has fairly submitted that the Municipality would initiate appropriate acquisition proceedings, in the manner known to law. Therefore, the impugned proceedings is liable to be set aside and the impugned proceedings dated 09.01.2019 is hereby set aside. Liberty is granted to the respondent Municipality to initiate appropriate land acquisition proceedings through the Government for acquiring land, for the purpose of laying the road, strictly in accordance with law. 6. With the above directions, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 06.08.2026 NCC : Yes / No Index : Yes / No Internet : Yes PKN 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.3083 of 2019 To The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District. 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.3083 of 2019 M.DHANDAPANI ,J. PKN ORDER MADE IN W.P(MD)No.3083 of 2019 DATED : 06.08.2026 5/5 https://www.mhc.tn.gov.in/judis